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december 2008

Supreme Court of India · 2008-12-16

WADA ARUN ASBESTOS (P) LTD. vs GUJARAT WATER SUPPLY & SEWERAGE BOARD

Citation / case number
SC 2006/11878
Court
Supreme Court of India
Petitioner
WADA ARUN ASBESTOS (P) LTD.
Respondent
GUJARAT WATER SUPPLY & SEWERAGE BOARD
Author
S.B. Sinha
Bench
CYRIAC JOSEPH S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the appeal against the Gujarat High Court's order that set aside a decree under Order 37 Rule 3(6)(b) of the Code of Civil Procedure, remitting the matter to the trial court. The Court held that the defendants' failure to comply with the conditional leave to defend did not preclude them from raising a defense regarding the plaintiff's performance under the agreement. The Court emphasized the importance of allowing the trial court to decide the matter on its merits, thus reversing the High Court's decision and reinstating the decree.

WADA ARUN ASBESTOS (P) LTD. vs GUJARAT WATER SUPPLY & SEWERAGE BOARD · Niyam